Rape Case Against Rajasthan Minister's Son Rohit Joshi: Delhi High Court Issues Notice On Complainant's Plea To Cancel Anticipatory Bail

Rohit Joshi was granted anticipatory bail by the Sessions Judge, Tis Hazari Courts on 08.06.2022.

The woman-petitioner alleged that on 11.06.2022, when she was on the street at Jamia Nagar along with her mother, two miscreants threw chemical on her face and threatened her. They then pushed her and fled from the crime scene, she added. In furtherance, on 12.06.2022, she lodged another FIR under sections 195A/506/323/34 of IPC at Shaheen Nagh, Police Station based on the incident.

She also alleged that her brother and father were attacked in Jaipur on 10.07.2022 and a FIR No. was registered on 13.07.2022 at Ramganj Police Station, Jaipur.

The plea states,

"At the outset the impugned order failed to consider the material aspects and settled principles of law while granting anticipatory bail to Respondent no. 2 including nature and gravity of the accusation; severity of the punishment in the event of conviction; danger of the accused absconding or fleeing, if released on bail; character, behaviour, means, position and standing of the accused; likelihood of the offence being repeated; reasonable apprehension of the witnesses being influenced; and danger of justice being thwarted by grant of bail and adhered to the merits of the case while passing the impugned order. On this ground alone the bail of the Respondent is liable to be cancelled."

It was added in the plea that the investigation is at a very nascent stage and can be easily tampered and interfered with especially when material aspects related to the case are still left to be uncovered. The plea added that the trial court had also made the aforesaid observation and had opined that the case requires thorough investigation.

Further, the plea states that Rohit Joshi, being the son of a sitting minister of Rajasthan legislative assembly, is a highly influential person who has the capacity to create hindrance in the investigative process and coerce and intimidate the petitioner/witnesses. However, the plea adds that all these material aspects were ignored while granting bail to him. Rohit Joshi, after being enlarged on anticipatory bail, had made constant endeavours to threaten and browbeat Petitioner in order to pressurise her to take back the complaint, added the plea.

Background

The case of the petitioner is that she came in contact with Rohit Joshi-respondent no.2 in November 2020 through Facebook. As per the plea, on 8 Aug 2021, she went to Sawai Madhopur along Joshi and his friends, whereby he raped her while she was unconscious. As per the complainant, Rohit Joshi also threatened and blackmailed her to make sexual relationship with him in the pretext of leaking her nude photos and videos in public domain. The complainant added that Joshi had also assured her to marry.

The plea states that on April 2021, the accused, despite being already married, put Sindoor in petitioner's mang and took pheras with her in order to continue establishing sexual relations with her. On basis of this illegal marriage, he forcefully established sexual relations with her, added the plea.

As per the plea, in Aug 2021, the accused forcefully terminated her pregnancy by administering pills for abortion. The plea states that due to continued harassment, the petitioner tried to commit suicide in Nov 2021. Later, the accused informed the petitioner that his wife has signed the divorce papers and again assured her that he will marry the petitioner soon, added the plea. Thereafter, as per the plea, he took the petitioner to Himachal Pradesh, where the Petitioner was made aware of the fact that the father of the accused, Mahesh Joshi, is looking for both of them.

Further, the plea states that on instructions of Mahesh Joshi, the SHO Sadar, Jaipur reached the hotel, where the accused physically assaulted her, and forcefully took her to Jaipur, where she was threatened to stay away from the respondent. Later, the complaint was made against the accused before PS Sadar Bazar, North District, Delhi by the Petitioner and on May 9, 2022, the FIR was registered. Search and seizure operations were conducted at Jaipur after due intimation to local police station i.e., PS Sadar Jaipur (West).

Notably, on 23 May 2022, the Rajasthan High Court had directed the State to ensure protection to the petitioner..

On May 25, the Delhi High Court asked the State to file its reply in the petition filed by Rohit Joshi seeking to quash an FIR registered against him on May 9, 2022. A Single bench of Justice Talwant Singh issued notice and fixed the case for July 26. However, no interim relief had been granted to Rohit.

Thereafter, Rohit Joshi was granted anticipatory bail by the Sessions Judge, Tis Hazari Courts on 08.06.2022. Aggrieved by the same, the petitioner has filed the present petition seeking cancellation of the anticipatory bail.

The petition was filed through Advocates Monish Panda and Abhishek Pati.

The matter is next listed on August 23, 2022.